Huge mess.

Snake

So I'll keep this as short as I can:

Been renting this house since 25/2/2014

I paid an upfront deposit, as well as 2 weeks rent (€240)

I missed 2 weeks (€240) along the way.

Landlord wanted to be paid, I arranged to pay him. We agreed a date, but I didn't get to the bank to lodge the money I owed (the 240) I paid him this week (in full) so any arrears are wiped clear.

Shortly after I sent the payment through online banking (I mean within the hour) I heard his brother banging on the door, it was early and I was still in bed so I ignored him. Not long after I heard him downstairs shouting my name, so I got up got dressed went down. He started to shout and rant and rave about how I was being kicked out Friday (this was a Wednesday) and I told him he's no right to come in here without permission, to which he replied "this is my house you little bollox ya" and then he stormed out still ranting.

Hours later I got a phone call off the landlord. I asked him what the hell was that about his morning, he said I didn't pay him and so on, I protested I had. And the conversation went on, and we eventually came to an agreement that I can stay so long as rent was kept up on time (which was as the intention at all times but certain factors caused me to be behind) so anyway that's fine, I went out with my girlfriend to tesco and when I came back there was a message on the phone saying he'd spoken to his brother and that he said I'm not staying (the landlord spoke to his brother I mean) I got very angry, and I asked him to phone me back to tell me what the hell he meant. He said sorry but I can't so on, he'd completely changed his mind and went on about things and said you'll have to leave on Friday.


Is this even allowed? Yeah it's his house but can he throw us out because his brother said so? We haven't signed a lease because he never posted it to me (the landlord doesn't live local) so is there anything I can do? He's let us stay for 2 weeks to find a new house but there's surely no way he can kick us out because his brother said so..?

the_syco

retrogamefan wrote: »

Landlord wanted to be paid, I arranged to pay him. We agreed a date, but I didn't get to the bank to lodge the money I owed (the 240) I paid him this week (in full) so any arrears are wiped clear.

Was the payment paid before the date? Not clear.

Are you renting a room, or are you renting the entire house?

whomitconcerns

In two months you have missed rent twice and when ll arranged a repayment with you, you missed this too. I would say your landlord is too nice and his brother had told him to cop on and get rid of you before more 'unforeseen circumstances' occur.

I don't mean the above in a bad way and I don't pretend to know your exact circumstances. But if I was your landlord I would be very worried having you as a tenant based on the above...sorry..

As to whether he can give that little notice however I don't know...

hfallada

The landlord is suppossed to give you 30 days notice of eviction for none payment of rent. Personally I would have waited a day or two for the brother to calm down before calling. They are evicting you illegally. You can phone them to say you know you have thirty days to leave the house and see what they say

But it's a bit unbelievable you are behind on your rent twice in two months. Tenants think you should be grateful that they paid the rent regardless whether it was on time or not. Op would you be happy if your wages were constantly late and you didn't know if you were going to get paid? If you paid your rent on time you wouldn't be in this situation

pervertedcoffee

hfallada wrote: »

The landlord is suppossed to give you 30 days notice of eviction for none payment of rent. Personally I would have waited a day or two for the brother to calm down before calling. They are evicting you illegally. You can phone them to say you know you have thirty days to leave the house and see what they say

But it's a bit unbelievable you are behind on your rent twice in two months. Tenants think you should be grateful that they paid the rent regardless whether it was on time or not. Op would you be happy if your wages were constantly late and you didn't know if you were going to get paid? If you paid your rent on time you wouldn't be in this situation

Actually with the pumped up rental rates I'm surprised this isn't accepted as normal practice from tenants. Yes, with the way the country is and landlords living in la la land with what they think is bearable/appropriate rent ye are lucky to have tenants at all, never mind ones that can afford to pay ye promptly every single month. I don't mean that tenants should act self entitled about it but realistically, what more do ye expect? :pac:

OP contact citizen's information, or look up the relevant info on the site and email it to him. I would advise taking contact to email/written so there is evidence if push comes to shove. As above, I do believe the minimum notice is 30 days from either side.

Best of luck.

Pawwed Rig

OP first of all pay your rent on time and these issues won't arise. If it is going to be late call your LL and apologise to keep him onside. You have caused too much trouble for someone who has moved in so recently.

That said the LL brother has no right to be in the house and is essentially breaking and entering. You could have called the Gardai and had him removed. Even no you can file a complaint. As you rightly said they have no right to enter the premises.

If I was your landlord I would be getting you out before you can claim part 4 rights. You seem like too much hassle as a tenant. You still get 30 days notice though.

KeithTS

pervertedcoffee wrote: »

Actually with the pumped up rental rates I'm surprised this isn't accepted as normal practice from tenants. Yes, with the way the country is and landlords living in la la land with what they think is bearable/appropriate rent ye are lucky to have tenants at all, never mind ones that can afford to pay ye promptly every single month. I don't mean that tenants should act self entitled about it but realistically, what more do ye expect? :pac:

Best of luck.

If you're not happy with what the landlord is asking for, look elsewhere, it's no excuse to be late paying rent.

If a tentant signs a lease, or not in this case but agrees on the rent then there is no leg to stand on by sh**ing on about inflated prices etc.

ABajaninCork

The LL probably has mortgage payments to pay, and the fact the rent's late isn't helping him. If he decides to evict you on the basis of late/payment of rent, then he's well within his rights.

However. Neither he nor his brother have the right to turn up unannounced. You can inform them of this, and call the Gards every time they turn up. But don't be surprised if the LL then decides to evict you. Because, frankly, a tenant like you is too much like hard work.

No Pants

hfallada wrote: »

The landlord is suppossed to give you 30 days notice of eviction for none payment of rent. Personally I would have waited a day or two for the brother to calm down before calling. They are evicting you illegally. You can phone them to say you know you have thirty days to leave the house and see what they say

Is there not also a 14-day notice of rent arrears before the eviction notice can be issued?

pervertedcoffee

KeithTS wrote: »

If you're not happy with what the landlord is asking for, look elsewhere, it's no excuse to be late paying rent.

If a tentant signs a lease, or not in this case but agrees on the rent then there is no leg to stand on by sh**ing on about inflated prices etc.

I've never been late with rent.

I would look elsewhere, always; but it doesn't matter where you look self important and self entitled landlords have unreasonable views on what their property is actually worth.

Don't want to hear it from a tenant - have a read of all the rental/housing crisis articles being written at the moment.

Pawwed Rig

pervertedcoffee wrote: »

I would look elsewhere, always; but it doesn't matter where you look self important and self entitled landlords have unreasonable views on what their property is actually worth.

Slightly off topic but the property is worth what someone is willing to pay in an arm's length transaction. If the landlord is above market then he will find it harder to rent property. Where they are at market rate then they will find a tenant in a reasonable length of time. Landlords do not actually set the rent in a free market, the tenants do (collectively).

If the OP could not afford the rent he should have found somewhere cheaper.

pervertedcoffee

Pawwed Rig wrote: »

Slightly off topic but the property is worth what someone is willing to pay in an arm's length transaction. If the landlord is above market then he will find it harder to rent property. Where they are at market rate then they will find a tenant in a reasonable length of time. Landlords do not actually set the rent in a free market, the tenants do (collectively).

If the OP could not afford the rent he should have found somewhere cheaper.

Ah yes, very good point, well made but there are socio economic factors at play skewing this effect at the moment (in some people's view) but I don't want to drag this totally off topic.

I didn't want to insinuate the OP couldn't afford the rent because I don't think they hinted at that themselves, I just meant I was surprised that this kind of behaviour isn't more widely experienced by landlords and sort of expected as par the course.

I work in credit control and our company has gotten to the point, in this economic 'climate' where we expect certain types of companies to be hassle - I just thought this would be reflected in other areas too like rent.

MugMugs

retrogamefan wrote: »

Shortly after I sent the payment through online banking (I mean within the hour) I heard his brother banging on the door, it was early and I was still in bed so I ignored him.

So you got up out of bed, paid the money to your LL, went back to bed because it was early and an hour later his brother is banging on the door.

Snake

I have always paid it on time, and when I couldn't pay because the bank messed up my wage I told him and I went out of my way to get his money, everything was sorted but his brother was causing the hassle, we had an agreement set out and I was on probation for lack of a better word. So much as an hour late and I was gone, that was the agreement

Snake

MugMugs wrote: »

So you got up out of bed, paid the money to your LL, went back to bed because it was early and an hour later his brother is banging on the door.

I have an iPad I don't need to move to pay him. My money's paid into my account, and I pay it out the same day.

Snake

Pawwed Rig wrote: »

If the OP could not afford the rent he should have found somewhere cheaper.

It's not a case of not being able to afford it, I paid every week, on time bar 2 missed payments, which I didn't plan on. We're having a baby and hospital bills and fares to and from the hospital for things we didn't expect left me short on rent, the only reason I'm here is because we need a house for the baby. We were in a studio apartment previously, and obviously that's not gonna work out with a baby.

Snake

No Pants wrote: »

Is there not also a 14-day notice of rent arrears before the eviction notice can be issued?

Yes. Which I paid within the 2 weeks. I paid him within a week of the arrears notification been posted to me. The thing I wanted to know was,


When I told him about that, and the eviction time frame, he said "there's no signed contract, (because he never posted it to me even though I've asked 100 times) you've got no leg to stand on"

Pawwed Rig

retrogamefan wrote: »

It's not a case of not being able to afford it, I paid every week, on time bar 2 missed payments, which I didn't plan on. We're having a baby and hospital bills and fares to and from the hospital for things we didn't expect left me short on rent, the only reason I'm here is because we need a house for the baby. We were in a studio apartment previously, and obviously that's not gonna work out with a baby.

That is fair enough and while I can sympathise with you your personal issues should not affect the landlord.
Him saying you have not got a leg to stand on is not true though. Try calling threshold on 1890 334 334

NinjaTruncs

What has his brother got to do with this? I'd be telling his brother to go hop and if you got any guff from him call the police. He also cannot let him self into your house.

2rkehij30qtza5

Pawwed Rig wrote: »

OP first of all pay your rent on time and these issues won't arise. If it is going to be late call your LL and apologise to keep him onside. You have caused too much trouble for someone who has moved in so recently.

That said the LL brother has no right to be in the house and is essentially breaking and entering. You could have called the Gardai and had him removed. Even no you can file a complaint. As you rightly said they have no right to enter the premises.

If I was your landlord I would be getting you out before you can claim part 4 rights. You seem like too much hassle as a tenant. You still get 30 days notice though.

Fully agree with this poster. Why are you not paying your rent on time? There's no excuse for this really to be honest. If you can't afford it then rent a cheaper place elsewhere. You should keep your payments on time and you won't have issues like this. I would not like you as my tenant and I can't foresee the landlord allowing you to stay on.

wd42

retrogamefan wrote: »

It's not a case of not being able to afford it, I paid every week, on time bar 2 missed payments, which I didn't plan on. We're having a baby and hospital bills and fares to and from the hospital for things we didn't expect left me short on rent, the only reason I'm here is because we need a house for the baby. We were in a studio apartment previously, and obviously that's not gonna work out with a baby.

OP

I've had a situation recently where our landlord decided to increase the rent. I told him flatly no and I will never agree to a rent increase.
We also have a baby on the way and decided to ask the bank about a mortgage, didn't think it would be positive but it was and we are currently looking for our own house.

You should definitely talk to your bank, you seriously don't need the hassle of renting with a baby about to arrive. Can you imagine somebodys brother turning up on your doorstep when you're a new father. Best of luck!

Gatling

Op with baby on the way you might want to get control of your budget with a little one on the way ,
Rent should always be your priority ,especially when you need to keep a roof over your families head

Mick Murdock

Online banking transactions take at least 24 hours usually.. At a minimum you should have contacted him to let him know that you had paid him.

It sounds like his brother has some kind of share in the house and you seriously p*ssed him off.. Just look for somewhere else and learn your lesson.

No Pants

Can we move on from the recriminations over the rent? The OPs admits he screwed up, but he has since paid up and hopefully has learned his lesson and will no longer treat his obligation to pay the rent on time as an afterthought.

The pressing matter now is his landlord and the landlord's brother; are they trying to perform an illegal eviction?

ABajaninCork

OP - I notice you're paying hospital bills. Are you entitled to a Medical Card? I'd look into that urgently - get in touch with the CWO.

And with the bills you've already paid - is this tax deductible at the end of the year? I'd check that too.

Check your tax credits - you might be able to get some dosh back. And get on to the CWO to see about a grant for baby stuff, child benefit and possibly RA.

metroburgers

retrogamefan wrote: »

It's not a case of not being able to afford it, I paid every week, on time bar 2 missed payments, which I didn't plan on.

We're having a baby and hospital bills and fares to and from the hospital for things we didn't expect left me short on rent,

No Pants wrote: »

Can we move on from the recriminations over the rent? The OPs admits he screwed up, but he has since paid up and hopefully has learned his lesson and will no longer treat his obligation to pay the rent on time as an afterthought.

The pressing matter now is his landlord and the landlord's brother; are they trying to perform an illegal eviction?

In fairness, it sounds OP moved in end of Feb, missed 2/8 weeks rent... Op's story doesn't add up... sounds untruthful and untrustworthy, don't blame the LL, but LL should respect OP's tenancy rights and the Law.

Zamboni

If I had a pregnant partner I'd have sold that bloody ipad before missing rent.
You've been late on payment 25% of the time over a two month period.
That is appalling.

Landlord is clearly out of line but leaving that aside - get yourself a new tenancy (once sour there is no coming back) and sort your families priorities out.
Best of luck with the baby.

Sun in Capri

Looking at this from another angle, if a Land Lord's brother arrived to where I was living ranting like that I would not have to be asked to leave, I would be gone.

the_syco

Sun in Capri wrote: »

Looking at this from another angle, if a Land Lord's brother arrived to where I was living ranting like that I would not have to be asked to leave, I would be gone.

Not everyone has the financial freedom to do so, esp when others depend on you to provide said accommodation.

Snake

metroburgers wrote: »

In fairness, it sounds OP moved in end of Feb, missed 2/8 weeks rent... Op's story doesn't add up... sounds untruthful and untrustworthy, don't blame the LL, but LL should respect OP's tenancy rights and the Law.

That's nice. Would you like dockets and prescriptions from the hospital? Will that prove my truth? I'll ring the taxi and get them to write me up a recipt too. Oh, and see if they have audio surveillance of her screaming in pain on the way to the hospital, I didn't ask for you to talk about what you deem truth or not, I asked if I have rights here. I'm not worried about me, I'm worried about my girlfriend and my baby, I'm worried about having enough time to find a decent house in a decent area, with a decent landlord. Yes, I missed 2/8 weeks. God forgive me, burn me at the stake, I took care of my pregnant girlfriend over rent payments, that take second in line to herself and the babies health.

Snake

Sun in Capri wrote: »

Looking at this from another angle, if a Land Lord's brother arrived to where I was living ranting like that I would not have to be asked to leave, I would be gone.

I can assure you, I'm working on being gone.

athtrasna

OP you have two big things working against you on this one. The key thing is that in order to have the high moral ground, and most rights in a case, you need to be compliant and have paid rent on time, this is not the case.

You are only in situ just over two months, this does not give you tenancy protection rights as Part IV would give you had you been there for six months.

This still doesn't give your landlord's brother any right to enter your home, nor does it entitle the landlord to just kick you out. Start with Threshold, they will help you.

No Pants

The OP got notice of arrears and cleared the arrears within the time allowed. What exactly are the grounds for eviction?

odds_on

No Pants wrote: »

The OP got notice of arrears and cleared the arrears within the time allowed. What exactly are the grounds for eviction?

The OP has a Periodic tenancy because no lease has been signed and the OP has not been in occupation for more than 6 months. Thus, a landlord may evict a tenant without giving a reason and a notice period of 28 days is required.

No Pants

odds_on wrote: »

The OP has a Periodic tenancy because no lease has been signed and the OP has not been in occupation for more than 6 months. Thus, a landlord may evict a tenant without giving a reason and a notice period of 28 days is required.

Does this still have to be given in writing?

Pawwed Rig

No Pants wrote: »

Does this still have to be given in writing?

Absolutely

No Pants

Pawwed Rig wrote: »

Absolutely

OP,until you receive the eviction notice in writing, the clock hasn't started on the 28 days. You can stay put until it does.

Ray Palmer

No Pants wrote: »

The OP got notice of arrears and cleared the arrears within the time allowed. What exactly are the grounds for eviction?

All he will do is delay the inevitable. They aren't going to let him stay after 6 months as he has failed to pay the rent. He will not get to go part 4.

As for entering the place, justifiable entry due to fear the occupant was injured. The reaction could easily be due to concern your honour. It looked like he was in but couldn't make it to the door.

Paying rent within the extended lenience period is not a good thing. Nobody is happy with the situation so the OP should leave.

toughapple

retrogamefan wrote: »

That's nice. Would you like dockets and prescriptions from the hospital? Will that prove my truth? I'll ring the taxi and get them to write me up a recipt too. Oh, and see if they have audio surveillance of her screaming in pain on the way to the hospital, I didn't ask for you to talk about what you deem truth or not, I asked if I have rights here. I'm not worried about me, I'm worried about my girlfriend and my baby, I'm worried about having enough time to find a decent house in a decent area, with a decent landlord. Yes, I missed 2/8 weeks. God forgive me, burn me at the stake, I took care of my pregnant girlfriend over rent payments, that take second in line to herself and the babies health.

The landlord might also have a pregnant girlfriend who needs to be brought to hospital. When you don't pay rent you make things worse for all tenants. Tenants like you give all tenants a bad name. It makes landlords give up on letting thereby creating a shortage of accommodation and driving rents up all round.

Pawwed Rig

Ray Palmer wrote: »

As for entering the place, justifiable entry due to fear the occupant was injured. The reaction could easily be due to concern your honour. It looked like he was in but couldn't make it to the door

I think it would be a stretch that anyone would believe that:D

By far the biggest wrong here is the brother coming into the house but neither party is blameless and the best thing for everyone would be a parting of ways. The landlord seems like an absolute amateur but is doing the right thing (in the wrong way).

Ray Palmer

Pawwed Rig wrote: »

I think it would be a stretch that anyone would believe that:D

By far the biggest wrong here is the brother coming into the house but neither party is blameless and the best thing for everyone would be a parting of ways. The landlord seems like an absolute amateur but is doing the right thing (in the wrong way).

You can't claim intent for something you weren't around for and ultimately it is a valid reason. I thought I smelled gas is also valid. If the police can make these claims why not a member of the public?

Pawwed Rig

Because the PRTB would take the tenants side is the obvious answer.

Ray Palmer

Pawwed Rig wrote: »

Because the PRTB would take the tenants side is the obvious answer.

No they didn't

metroburgers

retrogamefan wrote: »

It's not a case of not being able to afford it, I paid every week, on time bar 2 missed payments, which I didn't plan on. We're having a baby and hospital bills and fares to and from the hospital for things we didn't expect left me short on rent, the only reason I'm here is because we need a house for the baby. We were in a studio apartment previously, and obviously that's not gonna work out with a baby.

retrogamefan wrote: »

I have always paid it on time, and when I couldn't pay because the bank messed up my wage

retrogamefan wrote: »

That's nice. Would you like dockets and prescriptions from the hospital? Will that prove my truth? I'll ring the taxi and get them to write me up a recipt too. Oh, and see if they have audio surveillance of her screaming in pain on the way to the hospital, I didn't ask for you to talk about what you deem truth or not, I asked if I have rights here. I'm not worried about me, I'm worried about my girlfriend and my baby, I'm worried about having enough time to find a decent house in a decent area, with a decent landlord. Yes, I missed 2/8 weeks. God forgive me, burn me at the stake, I took care of my pregnant girlfriend over rent payments, that take second in line to herself and the babies health.

retrogamefan wrote: »

I have always paid it on time, and when I couldn't pay because the bank messed up my wage I told him and I went out of my way to get his money

I was talking about your first quote above, where you say its not a case of not being able to afford it... which is untrue as at times, you have not been able to afford it and have missed payments. Your reasons for this are inconsistent, one min you say the bank was responsible for you missing the rent payments and the next you say you prioritised your pregnant girlfriend over rent payments.

Snake

Indeed they did. They gave credit to the LL and left me with the money, which I used to get her sorted.

Snake

His biggest problem is they way he handles things. His notice periods seem to be non existent. There's tenants who used to be here still getting post addressed to them even though they've been gone for years. His brother is supposed to be managing the house yet, when I phoned weeks ago, asking to come inspect a severe patch of damp which is almost taking over a whole section of wall. He still hasn't came to look, but he lets himself in when he suspects I'm not paying him

runawaybishop

metroburgers wrote: »

I was talking about your first quote above, where you say its not a case of not being able to afford it... which is untrue as at times, you have not been able to afford it and have missed payments. Your reasons for this are inconsistent, one min you say the bank was responsible for you missing the rent payments and the next you say you prioritised your pregnant girlfriend over rent payments.

Who gives a sh1t what the reasons are? Stick to the facts. Arrears were paid within the time period. The OP has no part 4 and can be asked to leave with 28 days notice.

The brother cannot be hassling you though.

odds_on

retrogamefan wrote: »

His biggest problem is they way he handles things. His notice periods seem to be non existent. There's tenants who used to be here still getting post addressed to them even though they've been gone for years. His brother is supposed to be managing the house yet, when I phoned weeks ago, asking to come inspect a severe patch of damp which is almost taking over a whole section of wall. He still hasn't came to look, but he lets himself in when he suspects I'm not paying him

The fact that the ex tenants' post is still coming is not the landlord's fault - it is the ex tenants'.

Always follow up any phone call with a written notice/letter confirming what was said on the phone. This way, if there is a dispute at a later date, you have proof of what was said/agreed. Remember that different people understand things differently (either on purpose or untentionally) and written confirmation is essential.

If it is an issue for which the landlord is responsible, and you want it rectified, you should also put a reasonable time frame for the problem to be resolved. In general, 14 days is considered as a reasonable time frame.

This would also include the landlord/his agent (in this case the landlord's brother) entering your home without your express consent. You should advise them both accordingly.

Furthermore, as you do not have a written lease agreement, the landlord is required by law to provide you with a rent book, which should include certain details of the verbal rent agreement. Not to have either a rent book or a lease agreement which contains the details as required by law, would make the landlord in breach of his obligations. You should ensure you have one or the other.

foggy_lad

Ray Palmer wrote: »

All he will do is delay the inevitable. They aren't going to let him stay after 6 months as he has failed to pay the rent. He will not get to go part 4.

As for entering the place, justifiable entry due to fear the occupant was injured. The reaction could easily be due to concern your honour. It looked like he was in but couldn't make it to the door.

Paying rent within the extended lenience period is not a good thing. Nobody is happy with the situation so the OP should leave.

Wouldn't this be illegal entry? A landlord can't just let themselves in and claim some concern for the tenants safety or for gas leaks etc later. They would have to call the Guards and they will be very reluctant to break in without evidence of any danger to the tenant or smell of gas etc and that all other means of contact with the tenant had been exhausted!

Ray Palmer

foggy_lad wrote: »

Wouldn't this be illegal entry? A landlord can't just let themselves in and claim some concern for the tenants safety or for gas leaks etc later. They would have to call the Guards and they will be very reluctant to break in without evidence of any danger to the tenant or smell of gas etc and that all other means of contact with the tenant had been exhausted!

Nope a LL can enter a property under these grounds.

drumswan

Ray Palmer wrote: »

Nope a LL can enter a property under these grounds.

If you entered my home under these false pretenses you'd need the assistance of a different emergency service